PRIVACY NOTICE

As an essential part of our business, we collect and manage client and non-client data. In doing so we observe the UK data protection legislation and are committed to protecting and respecting clients’ and non-clients’ privacy and rights. Specifically we act as a “Data Controller” in respect of the information gathered and processed by us.

This privacy notice describes the ways in which we collect, manage, process, store and share information about you. The privacy notice also provides you with information about how you can have control over the use of your data. The standards that you can expect from the firm when we request or hold personal information (‘personal data’) about you; how you can get access to a copy of your personal data; and what you can do if you think the standards are not being met.

If you have any comments or queries regarding our use of your data please contact our data protection officer, Kay Boswell, by letter on our firms address below or on email@kboswell.co.uk clearly marking your email or letter data protection request. If you wish to make a subject access request (see below) please contact her in the same way.

About Personal Information

Personal data is information about you as an individual. It can be your name, address or telephone number. It can also include the information that you have provided to us such as your financial circumstances and information relating to any current or previous legal proceedings concerning you.or such as your financial circumstances and information relating to any current or previous legal proceedings concerning you.

We know how important it is to protect customers’ privacy and to comply with data protection laws. We will safeguard your personal data and will only disclose it where it is lawful to do so, or with your consent.

Types of Personal Data We Process.

In general terms, we seek to collect information about you so that we can:

Administer our relationship with you, provide services and respond to enquiries. Process applications for employment.

Ensure the billing of any procured services and obtain payment. Process and respond to any complaints.

Enable us to meet our legal and other regulatory obligations imposed on us.

We collect your information/data in a number of different ways. You may provide this data to us directly online or email or over the telephone, or when corresponding with us by letter or in person.

We also process sensitive classes of information that includes:

Physical or mental health details, and Racial or ethnic origin. Criminal records.

How will we use the information (Purpose of processing and the lawful basis for the process)

We will protect your data and ensure that no unauthorised person has access to it and that your personal data is shared with other organisations only for legitimate purposes.

We only process personal data that is relevant for the services we are providing to you.

Purpose for processing data, legal basis for processing data and any third party organisation with whom data is shared.

1. To administer our contractual and professional relationship with you in order to provide services to you and respond to your queries. The legal basis for processing this data is our contract with you. Your data may be shared with organisations necessary to perform our contact with you for example estate agents banks other solicitors in the course of your transaction or case and the legal aid agency.

• To ensure the billing of any procured services by you. The legal basis for processing this data is our contract with you. Your data may be shared with government VAT and tax inspectors auditors, both internal and external.

• To conduct human resources information including suitability eligibility and/or fitness to work. The legal basis for processing this data is to fulfil our legal professional and contractual obligations including before entering into a contract. This information may be shared with the Disclosure and barring services and the SRA.

We also collect ‘special categories of personal data’ for the purposes of conducting your case.

Who the information may be shared with

We sometimes need to share the personal information we process with other organisations. When this is necessary, we will comply with all aspects of the relevant data protection laws. The organisations we may share your personal information include:

Public authorities such as: HM Courts and Tribunals Service (HMCTS),HM Revenue and Customs (HMRC), Department of Work and Pensions (DWP The Stamp office ) and HM Land Registry.

If false or inaccurate information is provided or fraud identified, we may lawfully share your personal information with fraud prevention agencies to detect and to prevent fraud and money laundering.

You can contact our Data Protection Officer for further information on the organisations we may share your personal information with.

Details of Transfers to Third Country and Safeguards

None of the information that we collect process or store as a result of this website is transferred outside of the European Economic Area (EEA). This includes information that is exchanged with any third party organisation as described above.

Retention Period for Information Collected

Your personal information will not be retained for any longer than is necessary for the lawful purposes for which it has been collected and processed. This is to ensure that your personal information does not become inaccurate, out of date or irrelevant.

Your Rights

Under the terms of data protection legislation, you have the following rights.

Right to be Informed

This privacy notice fulfils our obligation to tell you about the ways in which we use your information.

Right to Access

You have the right to ask us for a copy of any personal data that we hold about you. This is known as a “Subject Access Request”. Except in exceptional circumstances (which we would discuss and agree with you in advance), you can obtain this information at no cost. We will send you a copy of the information within 30 days of your request.

Please note this provision relates to personal data we hold about you and does not necessarily mean your whole case for your matter for which there may be a charge. Please refer to our client care letter for further information on this issue.

Right to Rectification

If any of the information that we hold about you is inaccurate, you can either:

Contact us on 0191 417 6471 or email us at email@kboswell.co.uk or write to us at K Boswell and Co, 1st Floor 15/16 Arndale House, Concord, Washington, Tyne and Wear NE37 2SW.

Right to be Forgotten

From 25 May 2018, you can ask that we erase all personal information that we hold about you. Where it is appropriate that we comply, your request will be fully actioned within 30 days.

Please note we may still require to retain some or all of your information for professional legislative or insurance reasons.

Right to Object

You have the right to object to:

The continued use of your data for any purpose for which consent is identified as the lawful basis for processing i.e. you have the right to withdraw your consent at any time.

Right to Restrict Processing

If you wish us to restrict the use of your data because:

• you think it is inaccurate but this will take time to validate,
• you believe our data processing is unlawful but you do not want your data erased,
• you want us to retain your data in order to establish, exercise or defend a legal claim, or
• you wish to object to the processing of your data, but we have yet to determine whether this is appropriate, please contact Kay Boswell.

Right To Data Portability

If you would like to move, copy or transfer the electronic personal data that we hold about you to another organisation, please contact Kay Boswell Rights.

Rights Related to Automated Decision Making

This firm does not undergo automated Decision making.

Is The Processing of Information Likely to Cause Individuals to Object or Complain?

We are not aware of any justifiable reasons that would constitute a legitimate reason for objecting or complaining about the way we process or control information.

How Long Will We Retain Information For?

We will typically retain information for a period of seven years. This is due to regulatory reasons and to ensure our business records are adequate to maintain the requisite levels of insurance to protect our clients and non-clients. In cases involving land transactions or children matters this period may be longer in accordance with regulatory or legislative reasons.

Overseas Transfers

None of the information that we collect process or store as a result of this website is transferred outside of the European Economic Area (EEA). This includes information that is exchanged with any third party organisation as described above.

Data Privacy And Security

At K Boswell and Co, we maintain a comprehensive data management work programme, which includes processes for ensuring that data protection is a key consideration of all new and existing IT systems that hold personal data. Where any concerns, risks or issues are identified, we conduct relevant impact assessments in order to determine any actions that are necessary to ensure optimum privacy.

We also maintain an active information security work programme which seeks to protect the availability, confidentiality and integrity of all physical and information assets.

Specifically, this helps us to:

Protect against potential breaches of confidentiality.

Ensure all IT facilities are protected against damage, loss or misuse.

Increase awareness and understanding of the requirements of information security, and the responsibility of our colleagues to protect the confidentiality and integrity of the information that they handle; and ensure the optimum security of any website we hold.